US President Donald Trump is likely to face a parliamentary trial, which could lead to his removal from office, after he pressed in a phone call on July 25 on his Ukrainian counterpart, Vladimir Zielinski, to investigate the activities of the former US vice president and his likely rival in the upcoming elections, Joe Biden and his son Hunter. If this proves to be the case, Trump has interfered in the course of the elections scheduled for next year, by asking Ukraine to investigate the activities of his rival. Adam Schiff, chairman of the House Intelligence Committee, said Trump had sworn in the presidency when he also asked China to investigate Biden's activities. "The president of the United States encourages a foreign country to intervene again in favor of his election campaign by asking them to investigate his rival," Schiff said.
Accountability measures
If Trump is going to face a parliamentary trial that will determine his future, after House Speaker Nancy Pelosi has announced an investigation leading to his removal, US presidents have undergone the same measures, but none of them has so far been dismissed. These measures are not impossible. In recent American history, a number of presidents have been held accountable, including Andrew Johnson, Bill Clinton, John Taylor and Richard Nixon, but this has not resulted in the dismissal of any of them, however, Trump is not unlikely to be fired.
To be charged and held accountable, the president or other federal official must have committed what the constitution describes as “treason, bribery or other major crimes and misdemeanors,” and measures to hold the president accountable may depend on the willingness of his party members to turn against him, and whether there is A sufficient number of members of Congress believe that trying to unseat the president deserves the risk of losing Congressional support.
The president's trial is not the only step to oust him, but it is in fact the first part of a two-pronged process. To dismiss an official, the House of Representatives must pass the accountability clause, which formally accuses the president of misconduct. Once the House of Representatives passes this article, the Senate must conduct a trial to determine whether the president should be removed from office.
The first trial of an American president
The circumstances of the American Civil War paved the way for the first trial of a US president, President Andrew Johnson, who succeeded Abraham Lincoln after his assassination. Johnson was a pro-union Democrat who refused to split his Tennessee from the Union during the war. However, he was a racist who preferred a lenient approach to the reunification of the various states. He remained engaged with Congress throughout his tenure, vetoing bills he felt too harsh for the South, including so-called Friedman's Office, which granted displaced southerners, including African Americans, the right to Access to food, shelter, medical aid and land, this approach put it at odds with Congress. The straw that broke the camel's back came when he replaced War Secretary Edwin Stanton, who was appointed by Lincoln, who stood with radical Republicans, a party faction who preferred to give liberated African Americans their civil rights.
Congress passed 11 accountability clauses, alleging that Johnson violated the Presidential Act, a law designed to limit the president's presidential powers, allowing him to fire federal employees from office and replace them without consulting the Senate. More than two-thirds of Johnson's House of Representatives were convicted, and the case was brought to the Senate for trial. Years later, the Supreme Court ruled that these measures were unconstitutional.
Why Johnson remained in office?
When he went on trial before the Senate, Johnson survived the removal from the presidency with one vote, after seven Republicans decided to vote with Senate Democrats to keep him in office. The defense argued that Johnson did not appoint Secretary of War Stanton in the first place, which means that he did not violate the law of the presidential term. The defense also alleged that Johnson had intended to bring this law before the Supreme Court. The historian, Hans Trevos, says the senators who voted against the impeachment believed that Johnson was being tried for political reasons. "The weakness of the case convinced many that the charges were largely political, and that violating the presidential law was neither a crime nor a violation of the constitution," he said. "The opponents are an excuse to expel Johnson from his post." This trial set a major legal precedent for future accountability of presidents, namely that presidents should not be dismissed for political reasons unless they commit, as the Constitution states, “the crime of treason, bribery or other major crimes and misdemeanors”.
Why Clinton survived the isolation?
Like Johnson, former President Bill Clinton sparked outrage in Congress after his relationship with former White House trainee Monica Lewinsky became public in January 1998. Clinton initially denied to federal investigators - and the public - that he had “love relationships”. " with her. The accountability materials alleged that Clinton denounced himself by lying to investigators about his relationship with Lewinsky. They also said he obstructed justice by encouraging White House officials to deny the case. The outcome of the Clinton trial reinforced the notion that presidents should be removed from office only in specific circumstances. While many senators agreed that Clinton had acted badly, they ultimately decided that his misconduct fell short of the "major crimes and misdemeanors" stipulated in the constitution about impeaching the president.
"Many of these people found that Clinton had committed bad behavior, but there was not enough material evidence to convict him," said Michael Gerhardt, a professor at the University of North Carolina. Republican Rep. Susan Collins, who ultimately voted against the conviction, says she does not believe Clinton committed a crime, but he acted badly. "I voted to clear the president, but I never reassured my heart about absolving this man from responsibility," she said. . Experts say efforts to remove Clinton from office have been doomed to failure because public opinion turned against Clinton's removal.
Presidents faced the risk of dismissal
Nevertheless, more than some predicted, US presidents have been called by Congress to remove them. John Taylor was the first speaker the House tried to sack. Taylor succeeded President William Henry Harrison, who died just a month after his inauguration. Taylor voted against legislation backed by his party, the Whig, which he promised to support. Allig Taylor members were expelled from their party, and the House of Representatives received a petition from the party requesting a decision on his resignation. However, Congress did not ultimately pursue the accountability process.
President Richard Nixon was on the verge of impeachment, but he was not actually isolated, despite his involvement in the famous Watergate scandal, in which his party spied on the rival party. During the scandal, the Judicial Committee of the House of Representatives submitted three articles of accountability against the president related to «high-risk crimes and misdemeanors». However, Nixon resigned from his post on August 9, 1974, before the dismissal took place.
If Trump is going to face a parliamentary trial that will determine his future, after House Speaker Nancy Pelosi has announced an investigation leading to his removal, US presidents have undergone the same measures, but none of them has so far been dismissed. These measures are not impossible.
Trump took the oath of office when he also asked China to investigate Biden's activities.
Trump and Nixon .. History repeats itself
Former President Nixon. Getty Images
The Los Angeles Times columnist Dolly McManas compared President Richard Nixon, who wanted to smash his rival by spying on his campaign in the Watergate scandal, and Donald Trump, who also tried to sway his opponent. In the presidential campaign, Nixon used at least American people for this purpose, although it was illegal, and Trump outsourced his tricks, asking Ukraine to help destroy former Vice President Joe Biden. "We cannot deny the similarities in both cases. Both presidents have been accused of abusing his authority in an attempt to disrupt one of his Democratic opponents, and initial allegations have led to another, including accusations of illegal contributions to the presidential election campaign."
Last Thursday, 17 federal prosecutors involved in the Watergate case published an open letter accusing Trump of the same crimes that toppled Nixon - abuse of power, obstruction of justice, and contempt for Congress. "The same three articles of accountability can be identified against Trump," they wrote in the Washington Post. Nixon tried to tamper with the 1972 election when he was seeking a second term. He first sent undercover agents to sabotage the campaign of the presidential candidate, Sen. Edmund Musky, a Democratic candidate.
In the case of Nixon, public sentiment slowly changed, and support for his removal did not reach 50% until after June 1974, two years after Watergate's exposure. In the case of Trump, public opinion polls reached that level less than a month after the White House issued a text confirming Trump's pressure on Ukrainian President Vladimir Zelinsky, to investigate the activities of his opponent Biden. Last week a Fox News poll revealed that 51% of the American public already favors Trump's dismissal.
Both presidents attempted to block investigations by refusing to provide Congress with documents and testifying. In both cases, cracks in the wall quickly emerged, and despite the White House decree that none of Trump administration officials cooperated with the investigation of the parliamentary trial, many current or former officials testified behind closed doors, with more likely to cooperate in the future.
51%
The American public already prefers to remove Trump from office.
Los Angeles Times
Procedures for the removal of the President
Clinton did not get a full condemnation and escaped unarmed. Archive
First, a member of the House of Representatives must submit a resolution to hold the President accountable. The Speaker must direct the House Committee to hold a hearing in this regard and determine whether such accountability is put to a vote. A simple majority of the Judicial Committee must approve the decision in order to proceed. If the Judiciary Committee approves this decision, it will be put to a vote by all members of the Council. The President will be tried if a simple majority of his trial decision is approved. Whether the President has committed a crime or not, and the trial sessions are presided over by the President of the Supreme Court. If the President is found guilty, he will be immediately dismissed and replaced by his deputy.